Eagle Mountain pair appear on 3 felony fraud counts
Which is why Richard Culbertson, who ran and lost in Eagle Mountain's November election, is cooperating with prosecutors to take care of his felony charges, said his attorney, Greg Skordas.
"He's admitted and has accepted responsibility," Skordas said Thursday after Culbertson and his wife, Kathleen, appeared in 4th District Court for the first time after being charged with felonies.
Both Richard and Kathleen Culbertson were charged by the Utah Attorney General's Office March 5 with three counts of communications fraud and one count of pattern of unlawful activity for allegedly falsifying home loan papers by using fake names and inflated incomes.
Judge James Taylor reminded the couple that the maximum financial penalties they could face would be $74,100 each, plus the potential of prison time.
According to court documents, the couple purchased homes in Eagle Mountain using Richard Culbertson's daughter's name. The daughter also told investigators that her dad and stepmom asked her to take out a home loan for them because she had better credit, but she never lived in the house.
"Other people convinced them that this was a legitimate way to make money, but certainly as an attorney and a real estate professional, he should have known better," Skordas said.
The Attorney General's Office had been investigating the allegations for months, and once the investigation began, Skordas said he knew a criminal case was coming and that more than four charges could have been filed.
"We were working with (the attorney general's) office before they ever charged (the Culbertsons)," said defense attorney Greg Skordas. "We've been working ... to narrow the charges (to where) both sides could deal with them. A lot of plea bargaining has already been done."
Part of the arranging meant revoking the $25,000 warrants, as Skordas promised his clients would appear in court on their own. Their next court date is April 17.
"I'm confident they'll make their appearances," said Neil Gunnarson, assistant Utah Attorney General, which is why he agreed to essentially suspend the warrants.
He did request, however, that the couple be fingerprinted and given a specific tracking number so they could be entered into the system without having to be officially booked a request Judge James Taylor granted, acknowledging it was a required step in the process.
Culbertson's real-estate license was revoked Oct. 17, 2007, and he will potentially face sanctions from the Utah Bar if he is convicted of a felony or any crime related to dishonesty, Skordas said.
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